1. AUTO-RENEWAL PLAN & AUTHORIZATION OF AUTO-PAYMENT. BY PURCHASING A GOTHAM SEASON MEMBERSHIP, SUBJECT TO CERTAIN OPT-OUT PROVISIONS SET FORTH HEREIN, YOU ARE AGREEING TO AUTOMATICALLY RENEW YOUR GOTHAM SEASON MEMBERSHIP UNDER THE PAYMENT TERMS SET FORTH HEREIN. BY SIGNING THIS AGREEMENT, YOU EXPRESSLY AUTHORIZE NJ/NY GOTHAM FOOTBALL CLUB LLC. (“GOTHAM”) TO PROCESS PAYMENT OF YOUR MEMBERSHIP FEE FOR EACH GOTHAM SEASON MEMBERSHIP ON YOUR GOTHAM SEASON MEMBERSHIP ACCOUNT (“ACCOUNT”) FOR THE INITIAL SEASON AND FOR EACH SUBSEQUENT SEASON BASED ON THE PAYMENT PLAN YOU HAVE SELECTED BELOW UNTIL THE MEMBERSHIP FEE FOR THE APPLICABLE SEASON IS PAID IN FULL. Automatic renewal of your Gotham Season Membership and enrollment in a payment plan does not constitute and is not a guaranty that Gotham will offer you the opportunity to purchase a Gotham Season Membership or Season Tickets for any given season. Gotham reserves the right to cancel your Gotham Season Membership and/or terminate the payment plan at any time, including, without limitation, by requiring you to pay for your Gotham Season Membership by some other means.
2. Payment; Payment Plan Terms. There are two plans for payment of your Gotham Season Membership: (a) the “Annual Plan,” which allows Gotham Season Members to pay 100% of the cost of their Gotham Season Membership for the next Season, and may be made only using American Express, Discover, MasterCard, and Visa (each a “Credit Card”); and (b) the “Payment Plan” which allows Gotham Season Members to pay for the cost of their Gotham Season Membership for the following season by making eleven (11) equal payments commencing on the day of purchase (for initial purchases) or 30 days after written notice of the following Season Membership renewal is provided (for renewals), with the next payments being due on the last day of each of the nine (9) next months. These eleven (11) monthly payments may be made by Credit Card only. If the Credit Card is declined for a payment for any reason, Gotham will re-run the Credit Card 24 hours later and again 48 hours after the payment was initially declined. If, at this point, payment has not been made, Gotham will attempt to notify the Gotham Season Member by email and/or telephone to request that the payment information be updated. If the issue with the Credit Card is not remedied within 15 days of the date payment was initially declined, Season Membership benefits for the following season shall be suspended until payment in full is made. If you decide to pay your Membership Fee via a Payment Plan that includes payment of eleven (11) installments, you hereby expressly acknowledge and agree as follows: (i) no prior notification will be provided to you prior to charging your credit card for any of the installments under the Payment Plan you have selected unless the date or amount of the Membership Fee changes, in which case notice will be provided a minimum of ten (10) days in advance of the payment being initiated/processed by Gotham. This constitutes your copy of the recurring payment authorization to Gotham - please retain a copy for your records; (ii) The Payment Plan is subject to the terms of the Truth in Lending Act (“TILA”) and that you agree to receive electronically, and have reviewed and understand, the TILA disclosures applicable to the Payment Plan, which are provided in Section 3, below; (iii) you have been provided with all the necessary information relating to the purchase of the Gotham Season Membership (including, without limitation, the Ticket(s) and your participation in the Payment Plan; (iv) that Gotham has your express authorization to process payment of the Account balance and Payment Plan as outlined above; and (v) should you have any questions regarding your rights under TILA as it relates to this transaction, you have been advised that you may contact Gotham 's Ticketing Department.
3. Truth In Lending Compliance Notice. If you decide to purchase a Gotham Season Membership and have elected to pay for your Membership under the payment plan, the following information is provided in connection with the Truth In Lending Act, which may be applicable: (a) Creditor: If applicable, the creditor is NJ/NY Gotham Football Club LLC; (b) Annual Percentage Rate: You will not be charged a credit fee or other charge to pay for your Gotham Season Membership; (c) Cost: The cost of your credit as a yearly rate is 0%; (d) Amount Financed: You will not be charged a credit fee or other charge to pay for your Gotham Season Membership; (e) Credit: The amount of credit provided to you or on your behalf is $0.00; (f) Total of Payments: The amount you will have paid for your Gotham Season Membership after you have made all payments on a timely basis is equal to the amount of the purchase price for your Gotham Season Membership; this amount is specified on the invoice provided to you upon completing the purchase of your Gotham Season Membership and/or during the online checkout process. Additional information regarding the cost of Gotham Season Memberships is available at our website; (g) Finance Charge: There is no credit or finance fee charged to you in connection with the purchase of a Gotham Season Membership; (h) Total Sale Price: The total cost of the purchase of your Gotham Season Membership will be equal to the amount of the purchase price for the Gotham Season Membership specified on the invoice provided to you and/or during the online checkout process. Additional information regarding the cost of Gotham Season Memberships is available at our website; (i) Number of Payments: The total number of payments that you will make is based on the installment plan you choose to pay for your Gotham Season Membership, if applicable; (j) Amount of Each Payment: The amount of each payment you shall make is based on: the total sales price of the Gotham Season Membership you purchase; and the installments you have chosen to pay for your Gotham Season Membership. The number of installments is specified on the invoice provided to you upon completing the purchase of your Gotham Season Membership and/or during the online checkout process.
4. Renewal Notice & Termination of Gotham Season Membership/Auto-Payment. Gotham will provide you reasonable advance written notice (no less than 30 days) of the date on which your Gotham Season Membership will automatically renew along with the Membership Fee for the applicable season (“Renewal Notice”). Gotham reserves the right to increase Membership Fees from season-to-season, or otherwise, unless you have purchased a season ticket plan limiting annual increases. You understand and agree that you may opt-out of automatic renewal of your Gotham Season Membership (including the Payment Plan) by providing notice to Gotham in the method and within the deadline set forth in the Renewal Notice. If you opt-out of automatic renewal in compliance the Renewal Notice, your Gotham Season Membership will be terminated and you will not be charged any amounts for the applicable season.
5. Account Ownership and Transfer. Account, Payment Plan, Tickets, renewal privilege(s), seat location(s) and/or other rights, benefits or obligations associated with your Gotham Season Membership (hereafter, collectively “Gotham Season Membership”) are not transferable from one person or entity to another unless permitted by Gotham. The “Member Name” listed above is the “Account Holder” of the Gotham Season Membership. For clarity, you are the: (a) Account Holder if the Account Holder is an individual; or (b) the authorized representative of the Account Holder if the Account Holder is an entity. The Account Holder name may not be changed unless required by law or otherwise permitted by Gotham. Any attempt to sell or otherwise transfer a Gotham Season Membership to any third party(s) without Gotham authorization is void and may result in the termination of the Gotham Season Membership. Any request to distribute the Gotham Season Membership to someone other than an Account Holder, whether as a result of bankruptcy or otherwise, will entitle Gotham to terminate the Gotham Season Membership. As the Account Holder, you are solely responsible for providing Gotham with up-to-date contact information and the failure to do so may affect the rights and benefits under your Gotham Season Membership.
6. Revocable License. All tickets and other benefits provided under a Gotham Season Membership (“Season Tickets”) are a limited, revocable license issued by Gotham to the Account Holder and subject to the Gotham FC Ticket Purchase Terms and Policies at https://www.gothamfc.com/ticket-purchase-terms-and-policies (the “Ticket Policies”). Gotham reserves the right to revoke this license for any lawful reason, including breach of this Agreement, the Ticket Policies or any other Gotham policy. You acknowledge and agree that any such breach entitles Gotham to revoke the Gotham Season Membership, or revoke or terminate any other right or benefit under your Gotham Season Membership. Upon such revocation or termination, Gotham and/or its agents shall have no obligation to issue a credit, refund or any other compensation to you for any payments paid or originally scheduled to be paid prior to the date of such revocation or termination.
7. All Sales are Final. No Refunds or Exchanges. All sales of Season Tickets are final, and no refund of payments or exchange of Tickets will be made except as provided for in this Agreement, the Ticket Policies or in Gotham’s sole discretion. In the event of cancellation of an Included Match, neither the National Women’s Soccer League (“NWSL”) nor Gotham shall be required to issue a refund provided that you are given the right, within twelve (12) months of the date of the original match, to attend a rescheduled performance of the same or to exchange the Season Ticket for a comparable ticket to another similar Included Match as designed by the NWSL or Gotham in their sole discretion. For Account Holders that are set-up on installment Payment Plans: in the event you fail to timely make any required payments, Gotham reserves the right to either (a) withhold your Season Tickets for the upcoming Included Matches until such time as payment is made and your Account is in good standing, or (b) terminate your Account, with any payments made or scheduled to be made prior to the termination date forfeited by you.
8. Included Matches. For each Gotham Season Membership that you purchase, you will receive one (1) ticket to each regular season NWSL match played by the Team at home at its home venue, currently Sports Illustrated Stadium (the “Stadium”), during the season specified in this Agreement or a Renewal Notice, as applicable (collectively, the “Included Matches”); UNLESS an applicable Renewal Notice identifies changes to the Included Matches (in such case, the Included Matches are as set forth in the Renewal Notice). For clarity, Gotham reserves the right to change the Included Matches from season-to-season with notice in the applicable Renewal Notice. Tickets purchased under your Gotham Season Membership, including this Agreement and/or any Renewal Notice, are only for the Included Matches. Your Gotham Season Membership does not create a right on the part of you or anyone you provide a Ticket to (each, a “Guest”) for any matches, games or other events at the Stadium or elsewhere other than the Included Matches.
9. Playoff Tickets; Bonus Matches. Additionally, because of the inherent uncertainty associated with NWSL playoffs, NWSL Challenge Cup and other special cup, promotional, and/or international matches (collectively, “Bonus Matches”), you shall have the opportunity to purchase tickets for Bonus Matches that fall outside the Included Matches as part of your Gotham Season Membership. Gotham shall provide you with notice of Bonus Matches and shall further provide you with an opportunity to purchase the same seats in your Gotham Season Membership for the then-current season, for the Bonus Match at the per seat price for the respective Bonus Match (which price may be more or less than the price for the seats in your Gotham Season Membership). Account Holders shall further be provided with the time period and manner for purchasing the Bonus Match tickets, which time period shall in no event be sooner than forty-eight (48) hours after Gotham provides notice of the Event’s designation as a Bonus Match (the “Bonus Match Purchase Period”). If you choose not to purchase your seats during the Bonus Match Purchase Period, your Tickets for the Bonus Match shall be released back to Gotham for sale as part of general single match inventory for the Bonus Match. If multiple Events are offered in an Invoice, for example all home NWSL Playoff matches, once Opting Out of the first Event in the series, Account Holder shall be Opted Out for all remaining Events in that series, including but not limited to later rounds of competition, and shall not be guaranteed any subsequent opportunity to purchase tickets on a single match basis.
10. Additional Benefits. In addition to the Season Tickets, Gotham Season Members are entitled to certain other additional benefits, as set forth herein and at https://www.gothamfc.com/tickets/full-season (such additional benefits, collectively, the “Season Membership Benefits”), which may vary based upon your Plan Type. Season Membership Benefits consist only of the items we may make available from time to time, are provided “AS IS,” have no cash value, and may not be sold, bartered, assigned, transferred or pledged to any third party except as expressly permitted by Gotham. We reserve the right to eliminate, modify or provide additional benefits in connection with the Season Membership Benefits at any time in our sole discretion. Gotham is not responsible for your inability or failure to accept, use and/or receive any Season Membership Benefit for any reason, including lack of knowledge, third-party terms and conditions and/or the terms of business or operations pertinent to the receipt or availability of a particular benefit. Season Membership Benefits may be subject to expiration dates and terms and restrictions on use, as reflected thereon.
11. Ticket Exchanges. As a benefit for being a Gotham Season Member, certain Membership levels may make ticket exchanges for matches that have not yet occurred through the No Tickets Go Unused Program as set forth at https://www.gothamfc.com/tickets/full-season. You may exchange tickets online up until one (1) hour before the match you wish to exchange out of through the desktop version of Account Manager. Ticket exchange requests through the Gotham ticket office must be received three (3) business days prior to the match. Note: You may not exchange tickets out of matches that have already occurred (e.g.: You missed the August 24th match and your tickets went unused).
12. Use of Image; Likeness; Materials. You agree that your image, voice and/or likeness, and any materials (signs, photographs, graphics, clothing, costumes, etc…) and those of your Guests, may be recorded by Gotham and/or Gotham authorized entities (e.g., Gotham affiliates, NWSL, television/online networks, etc.), and that such recordings may be used by Gotham and/or Gotham authorized entities in any form or manner (including for commercial marketing purposes) in any kind of media (e.g., TV, internet, radio, print or any other kind of media, including any new media that be developed in the future) in perpetuity on a worldwide basis without limits in time or runs. You agree to obtain any consents or other assurances Gotham and/or any Gotham authorized entities may need from your Guests for the rights described in this Section.
13. Eliminated Seats; Relocation Offer. In the event that any seat associated with a Ticket under a Gotham Season Membership is eliminated from the Team available 'to be sold' inventory (for instance, due to any Stadium renovations or seat layout restructuring mandated by the NWSL), or in the event that any such Account Holder seat(s) otherwise becomes unavailable for any reason other than bad faith on part of the Team (a "Dislocated Account Holder"), Gotham will offer such Dislocated Account Holder an option to relocate the impacted seats to another available location in the Stadium (the "Relocation Offer). Following receipt of a Relocation Offer from Gotham, the Dislocated Account Holder shall have ten (10) calendar days to respond to Gotham with its election (either to accept the Relocation Offer or to reject the Relocation Offer). In the event that the Dislocated Account Holder elects to accept the Relocation Offer, the parties shall finalize the terms of such new Gotham Season Membership seats and the Dislocated Account Holder shall be responsible for any additional cost associated with the new seats (e.g., if the new seats are an upgrade in location from the original seats, the Dislocated Account Holder shall be responsible for such upgrade charge). In the event that Dislocated Account Holder elects to reject the Relocation Offer, Gotham shall, within thirty (30) calendar days of receipt of such rejection notice from the Dislocated Account Holder, issue the Dislocated Account Holder a full refund for the value of the unused Tickets on the affected Account. Account Holder hereby agrees and acknowledges that its exclusive remedy in the case of a dislocation as outlived in this Section shall be the Relocation Offer, and as applicable, a refund of any monies paid by such Dislocated Account Holder in connection with the dislocated/eliminated seats.
14. ASSUMPTION OR RISK & RELEASE. EACH ACCOUNT HOLDER AND GUEST: (A) VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH, PROPERTY DAMAGE AND ALL OTHER HAZARDS ARISING FROM OR RELATED IN ANY WAY TO THE APPLICABLE MATCH OR EVENT, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE APPLICABLE MATCH OR EVENT (INCLUDING, WITHOUT LIMITATION, THE RISK OF INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OR MISCONDUCT OF THE SOCCER PARTIES (AS DEFINED BELOW) OR OTHER SPECTATORS); AND (B) UNCONDITIONALLY RELEASE AND HOLD HARMLESS EACH OF NWSL, GOTHAM, RED BULL ARENA AND EACH OF THEIR RESPECTIVE EMPLOYEES, PLAYERS, MUSICIANS, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, AFFILIATES, SPONSORS, CONTRACTORS, AND OTHER AGENTS AND THEIR RESPECTIVE AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND PLAYERS (COLLECTIVELY, THE “SOCCER PARTIES”) FROM ANY LOSS, DAMAGE OR INJURY (INCLUDING DEATH) RESULTING FROM ATTENDANCE AT THE APPLICABLE MATCH OR EVENT.
15. Indemnification. Account Holder agrees to indemnify and hold harmless all Soccer Parties from and against any losses, damages, liabilities, claims or demands (including attorneys’ fees and costs of investigation) arising out of or related to any act or omission, breach of any provision of this Agreement, or violation of any applicable law, rule, regulation, order or policy, by the Account Holder or any Guest.
16. Account Information. All account information (e.g., name, billing/mailing/email address, phone, etc.) must be the Gotham Season Member’s own and true personal or business information. False or misleading information constitutes a material breach of this policy. We may access, preserve and disclose your personal information if we are required to do so by law, or in good faith believe that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our policies, or other contracts with you; (c) respond to claims that any content you may provide violates the rights of third parties; (d) respond to your requests for customer service; or protect the rights, property or personal safety of Gotham, its affiliates and agents, its users and the public. Gotham may take any action that the Gotham determines is appropriate including, without limitation, issuing a warning, temporarily or permanently suspending any account and/or denying access to an account if: (a) any policy is breached and/or violated; (b) Gotham is unable to verify or authenticate purchaser's information; (d) Gotham believes that purchaser's conduct may cause legal liability for purchaser and/or for Gotham; or (e) necessary for the safety and/or protection of patrons or to address fraud or misconduct. Gotham, at any time, may review account activity for fraud which may result in automatic cancellation of account activity and temporary or permanent suspension of the account.
17. Notices; Requests; Change of Contact Information. All notices and requests relating to a Gotham Season Membership, whether or not described above, must be given in writing by the Gotham Season Member through the Account Manager, email or mail, and sent to the attention of Gotham Ticket Services. No notice or request will be effective or acted upon by Gotham until received in writing. All correspondence concerning a Gotham Season Membership account should include the account number and daytime phone number for the Gotham Season Member. Notices and requests from Gotham are communicated to Season Ticket Members via several methods, independent of and/or in combination with each other, and include but are not limited to Account Manager, U.S. Postal Service, telephone, e-mail or other social media outlets. It is the Gotham Season Member’s sole responsibility to maintain accurate, current and complete contact information on their Gotham Season Membership account.
18. Other/Miscellaneous Terms. You and each of your Guests agree to be bound by the Sports Illustrated Stadium Policies (https://www.newyorkredbulls.com/sportsillustratedstadium/policies), the Gotham Fan Code of Conduct (https://www.gothamfc.com/matchday), the Ticket Policies and any other terms associated with your Gotham Season Membership, each of which is incorporated in this Agreement by this reference. This Agreement shall be construed in accordance with the laws of the State of New Jersey without regard to its conflict of laws rules. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS AGREEMENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. HOLDER AND MANAGEMENT EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT. You and Gotham agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms must be filed within one (1) year after such claim or cause of action arises or it will be forever barred. You may not assign your rights or delegate any of your obligations, in whole or in part, under this Agreement or the Gotham Season Membership without Gotham’s prior written consent. Gotham may at any time, without your consent, assign our rights and/or delegate our obligations in connection with these terms and the Gotham Season Membership. Notwithstanding anything to the contrary herein, Gotham reserves all rights under all other applicable law. If any provision in this Agreement is determined to be invalid or unenforceable, such provision shall be amended to the minimum extent necessary to make such provision enforceable, and any such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof. Gotham is not responsible for lost or stolen Tickets, and any reissuance of Tickets shall be at the sole discretion of the Gotham and may be subject to additional fees determined by Gotham. No waiver by Gotham of any breach or default by you under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default by you.